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anand (director)     17 April 2013

Query regarding sec 202 of cr.p.c.

I have a query regarding Sec 202 of Cr.P.C.

If the Magistrate orders for a Police Report u/s.202 of Cr.p.c. and if the Police tries to favour the Accused by giving a clean chit to him/her during submission of the Report is the Case liable to be dismissed? Because these kind of Corruption is rampant in the Police departments that too when the Accused is an influential person.

Can the Complainant contest the case further before the Magistrate and prove that the Police has not submitted a proper and just report?

I need some clarification about these issues from the Experts over here, since I have filed a Criminal Complaint before the FC Jud' Magistrate u/s. 200 of Cr.P.c. After taking my statement and after going through the Documents filed therein the Order was passed by the Magistrate. Kindly advice since the Accused are a very Influtential Person and they can easily twist the Police Report.



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 2 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     18 April 2013

Dear Anand, Magistrate directed police to file report u/s 202 cr.p.c., you have always right to file protest application or you can go ahead with the present complaint by giving your evidence. As per the procedure, magistrate would have to get your evidence recorded then issue process/ summons to accused. Magistrate in you case has exercised his discretionary power by directing police to report on your matter, there must be some prima facie that's why he did so. You can also manage with Police, if police would not be managed then magistrate has power that he can look into how Police has been done investigation or inquiry. so don't worry, you have the remedies to the situtation. PLEASE FEEL FREE TO CONTACT ON MAIL ID OR MOBILE RAJIV BHASIN ADVOCATE bhasin.laws@yahoo.com 9811210505

anand (director)     19 April 2013

Dear Mr.Rajiv Bhasin,

Thank you for your reply.  In my case as told earlier, the Magistrate has already taken my Verification Statement and then issued the Order u/s.202 for Police Report.

Should I do something to get the Police managed?  But being an Anti-corruption Activist, I feel uncomfortable to do that.  So better I will wait and watch as per your advice and then if required seek your further contribution.  Since I have the remedies open before the Case is finally disposed / dismissed, I will wait for the outcome for further action.

Thank you. Regards


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